Trial vs. Mediation in Personal Injury Cases

Personal injury law cases are defined as “legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm.”  There are many routes one can take to legally address any kind of personal injury. Filing for a court proceeding is one option, which means taking those who are legally at fault to court in order for a judge to determine what they owe the victim.  Another option is resolving the issue through a mediated settlement, wherein the two parties meet to discuss terms that both sides can agree to without filing a lawsuit.

Most parties prefer the second option, because processing a court proceeding and receiving a court judgment both require a greater amount of time and money than performing an informal settlement.

Statute of Limitations

One thing to consider when filing a personal injury case is the statute of limitations. This legal term refers to the limited amount of time an accident victim has to file his or her complaint to a court.  In most personal injury cases, the statute of limitations typically begins at the time of the plaintiff’s injury, or once the plaintiff discovered the injury was a problem. Once the statute of limitations has passed, the plaintiff loses his or her chance to file a claim.  Therefore, it is essential that a plaintiff be diligent in filing his or her complaint.

The Emotional Toll of Injury Cases

Because personal injury cases often result from accidents or injuries that are unexpected, it can be difficult for victims and their loved ones to be in an emotionally stable enough place to take the rights steps in filing their lawsuits. Furthermore, any additions to the hospital bills or possible attorney’s fees could be overwhelming as well. It could possibly result in an accident victim being unable to file an injury complaint, simply because the statute of limitations has already passed during the time the plaintiff was trying to stabilize the emotional situation that the accident caused.

It is fortunate, then, that there are organizations that seek to help families whose lives have been altered by such personal injury claims.  One of these groups is the Lane Thomas Foundation. The foundation, started by the Graves family after they lost their 2-year-old son Lane to an alligator attack at Disney World, now helps pay travel and living expenses for families whose children are being treated at the Children’s Hospital in Omaha or the Nebraska Medical Center.  Matt Graves, Lane’s father, wanted to start the Lane Thomas Foundation to help other families fighting for their children’s lives. It is because of organizations like the Lane Thomas Foundation that suffering families can have the space to stabilize themselves emotionally, and be free from worries over financial decisions. It puts them in a place of being better able to focus on filing their personal injury claims properly and within the statute of limitations.

The Help of a Personal Injury Attorney

The next step would be to have these organizations connect with local attorneys to help these suffering families. Contact an attorney, like a personal injury lawyer Wyoming relies on, today.


Thanks to our friends and contributors from Cannon, Hadfield, Stieben & Doutt, LLC for their insight personal injury practice.

Posted on February 21, 2018 @ 1:49 pm

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